Probate Judge Misconduct
2008-04-17 00:14:00
A Plymouth County probate and family court judge has apologized and resigned in exchange for having judicial misconduct charges dropped.Judge
Michael Livingstone has agreed to begin a 40-day leave today and retire from the bench on June 12 under the deal with the Massachusetts Commission on Judicial Conduct.He also agreed to waive his right to a public hearing and acknowledged running a real estate business and collecting fees as an attorney while serving on the bench, in violation of judicial conduct rules.Source:Plymouth probate judge resigns following misconduct chargesIt was previously reported that it is only the fifth time the commission has brought charges against a judge in the last 20 years.See also:Plymouth judge accused of breaking rules of conductCommission files misconduct cha
Invitation to Comment
2008-04-19 00:09:00
San Mateo Court is proposing to make changes to its Local Fees and the Local Court Rules. These new changes will become effective on July 1, 2008 when adopted. The court invites you to review and provide your comment on these proposals as required by the State of California Rules of Court, Rules 10.613 and 10.815.You may send your comments to: smsccomment@sanmateocourt.orgwith a subject line stating “Comment
s on Proposed Fee or Rule changes. Please state the proposal number, the line number of the section on which you are commenting and your comment.Comments must be received no later than 4 PM, May 15, 2008.The Proposals are:SP08 –01 Proposed Local Court Fee Change for Investigations conducted by Court Investigators in Guardianship or Conservatorship casesSP08-02 Amendment to Local Rul
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More Connecticut Probate Abuse
2008-04-21 00:05:00
According to friends, Margot Claus, a German citizen, is a fiercely independent New Yorker who wanted to spend her last years in her native land.The 79-year-old, despondent and now hospitalized for dehydration, had been living in an assisted-living facility in Woodbridge, her estate in the hands of a distant relative and her life overseen by Connecticut
's probate court.Alarmed German authorities are asking for an investigation into how Claus was taken from New York and moved to Connecticut. A probate court judge in February named a North Haven woman, Linda Eger, conservator of Claus' sizable estate.The odyssey of Margot Claus appears to be yet another misadventure within Connecticut's byzantine and sprawling probate system, where life-altering decisions are made in obscure mom-and-pop cour
Elder Abuse: A Silent Shame
2008-04-22 00:17:00
The Sigma Delta Chi Awards are administered by the Society of Professional Journalists and date back to 1932. More than 1,000 entries were submitted this year in 48 categories. The staff of the Wisconsin State Journal in Madison won the public service award for newspapers with circulation of less than 100,000 for "Elder
Abuse: Silent
Shame." Source: JS OnlineThe Series:Day 1: How can this happen?An elderly recluse starves to death. A con man bleeds nearly $250,000 from two women in their 90s. A nursing home aide sexually assaults a 73-year-old Alzheimer's patient. An eccentric 88-year-old woman with $50,000 in her handbag is shot to death and left in a farm field. The stories, all from Wisconsin, outrage us and capture our attention — for a while. But thousands of senior citizens here,
Saving Our Parents
2008-04-24 00:07:00
Ed Asner, Art Linkletter, Michael Reagan, LAPD Police Chief William Bratton, L.A. Public Health Director Jonathan Fielding, Jack Canfield, Mark Victor Hansen and a host of others join intergenerational experts Debby Bitticks and Dorothy Breininger of Delphi Health Products, Inc. in a new documentary, "Saving
Our Parents
", which launches this month, April 2008.Hosted and narrated by Emmy & Golden Globe winner Ed Asner, and produced and directed by Emmy winner Jeff MacIntyre, the DVD's mission is to protect the aging population of the country and help adult children care for their aging parents.Interviewees tell shocking stories of families deceived by predators and offer life-saving information from the country's most trusted experts on the topic.Segments include:* Predatory caregivers
Probate Showdown
2008-04-23 00:43:00
More than a year after the retired Baytown refinery worker died, a showdown still looms in the costly court fight that pits Perry "Bit" Whatley's widow against the dead man's former guardians and the Harris County probate judge who appointed them.Two attorneys appointed by Probate Judge Mike Wood to represent Whatley during his final years — as well as the judge himself — could face trial in June in a civil lawsuit.The suit alleges Whatley's guardianship was improperly handled and lawyers should not have been allowed by Wood to manage Whatley's life or his savings.At stake are hundreds of thousands in court-ordered legal fees and living expenses that consumed much of Whatley's $2 million nest egg, which he built over a lifetime of investments, primarily in his former employer, oil gian
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A Living Probate
2008-04-25 00:13:00
Groucho Marx had a will that planned for his loved ones upon his death. But a will cannot offer any protection should a client become disabled. Because of this lack of foresight, the last years of his life were filled with heartbreak, legal battles, and expense.When Groucho could no longer care for himself –because of his age – his girlfriend, Erin Fleming, asked a probate court to declare Groucho mentally incompetent. This would allow her to be Groucho’s guardian and conservator. As guardian, she would have the power to act as Groucho’s legal parent, controlling his personal life. As conservator, Erin would have the power to handle Groucho’s money.Erin’s attempt to gain control of Groucho was successful. However, after a few years, Groucho’s relatives became more and more di
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The Tangled Web
2008-04-26 00:06:00
What a tangled web they weave when first they practice to deceive. It's a case built on lies and self-serving hearsay.It's a case built on egregious violations of law and our Constitution.It's a case overflowing with criminal wrongdoing.It's a case built by the perpetuation of one wrong legal decision based on inadmissible evidence.It's a case of raping the public trust.It's judicial tyranny at its worst.That is the Terri Schindler-Schiavo case. Investigative journalist June Maxam, publisher of The North Country Gazette, has written and published over 500 articles relating to the legal, judicial, moral and ethical issues of the Terri Schindler-Schiavo case, the brain damaged Florida woman who was ordered to die by the judicial decree of a Florida probate court judge.Supported by euthanasia
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MOSAFE
2008-04-28 00:45:00
Emmy Award-winning actress Doris Roberts, best known for her role as nosy Marie Barone in TV’s Everybody Loves Raymond, narrates a video about how to stop Adult Financial Exploitation.Financial exploitation of the elderly and disabled is a crime. It costs millions of dollars nationwide and destroys thousands of Missouri lives. The Missouri Department of Health and Senior Services (DHSS) has launched a program called MOSAFE-- Missourians Stopping Adult Financial Exploitation--to combat it. Financial exploitation occurs when someone illegally uses another person’s money or property for profit or gain.MOSAFE educates financial institutions and you, as a consumer, on how to stop attempted or ongoing financial exploitation before a senior or disabled adult’s funds are depleted.Source:Miss
Guardianship Cost $1 Million
2008-04-29 00:11:00
In the year since lawyer James Gocker became guardian for incapacitated real estate mogul Max Farash, a team of lawyers, accountants and other professionals has been employed at a cost of more than $1 million.Now the judge overseeing the Farash case is telling Gocker not to bring in any more help without prior court approval.In a letter to Gocker's attorney, acting Supreme Court Justice Edmund A. Calvaruso said all appointments of people who provide services to Gocker must be made by the court."The court will make new appointments or ratify existing appointment contracts only if such appointments are both financially responsible and professionally sound."For the first six months of Gocker's guardianship, ending Oct. 31, legal fees and expenses of more than $800,000 and accountant fees of $
In Memoriam - Robert Wendland
2008-04-30 00:53:00
A car accident left Robert
Wendland in a coma. Seventeen months later, he came out of the coma, but had been what experts describe as minimally conscious.Later, Robert Wendland could recognize some people and follow certain instructions, his mother Florence said. His wife Rose said her husband, who gets his nourishment through a tube, is a shell of his former self.Rose wanted the tube removed so her husband could die. Florence wanted it to stay.Robert's fate was in the hands of the California Supreme Court.The California Supreme Court decided that a court-appointed conservator cannot order feeding tubes to be pulled from a conscious yet "incompetent" patient, without that patients own formal instructions.Conservatorship of the Person of Robert WendlandSee also:Robert's Legacy - Conservator
Death by Dehydration ...
2008-05-02 00:45:00
... is MURDER.Connecticut: two people accused of depriving a 23-month old toddler of fluids for at least a week as a punishment for bed wetting were charged with manslaughter, cruelty to persons and a risk of injury to a minor after the child’s death was ruled a homicide.Texas: a Houston mother was arrested and charged with felony murder in the death her child, accused of failing to provide adequate nutrition and hydration to her blind five-year-old son.New York: a 47-year-old Albany woman was indicted by a grand jury on charges of second degree manslaughter, criminally negligent homicide and endangering the welfare of a vulnerable elderly person for not caring for her 78-year-old mother or providing proper sustenance, starving her to death. If convicted she faces up to 15 years in priso
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Life for Lauren
2008-05-01 00:17:00
Lauren struggled with substance abuse but had been clean for ten months. On August 28, 2006, she overdosed on heroin, resulting in damage to her brain due to oxygen deprivation.Because Lauren’s parents knew that she wanted to give birth to her child, they agreed on medical treatment of Lauren during her pregnancy.Lauren’s daughter Ember Grace was born in February 2007, and she is a healthy little girl.After Ember’s birth, Lauren was taken off a ventilator and tracheotomy and much to the surprise of her doctors, she began breathing on her own.It was at this time that Lauren’s father, Randy Richardson and mother, Edith Towers, disagreed on Lauren’s treatment plan, ultimately leading to cross-petitions for guardianship.Mrs. Towers wants to stop Lauren’s tube feeding, which would l
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How Many Others?
2008-05-03 01:08:00
The Schiavo case alerted America to abuse of power by the courts, and to the need for advance directives. But in today’s corrupt courts, even duly executed advance directives can be disregarded - when there is a lot of money to be made by the judge’s pals. The feeding frenzy has reached epidemic proportions around the country.Over the years, a growing uncaring and unjust judicial system has helped convert guardianship/conservatorship from an appropriate law to one which, if misused, is damaging to the general public.At present, it operates to ensnare the most vulnerable people in a larger and larger trawling net, now including those merely physically “incapacitated”! It has become a feeding trough for unethical lawyers and other “fiduciaries” appointed by the courts to protect,
Read more: Others
Granny Snatching
2008-05-05 00:27:00
“Granny snatching” occurs when greedy guardians exploit elder or disabled family members by moving them to a state with laxer rules. Granny snatching laws vary drastically from state to state.04-2008:Colorado Senate Bill 100 creates uniform laws for Colorado’s oversight of guardianship. The Bill creates protections for seniors and disabled transported across state lines by greedy guardians.“When grandma starts to show signs of memory loss, she may choose to sign over her bank accounts and estate to a trusted family member. Unfortunately, some people abuse this trust. This bill simply protects vulnerable populations from greedy guardians while making sure that well-intentioned family members can continue to make good decisions for their loved ones.”The bill passed on a vote of 62
Court Soliciting Comments
2008-05-07 00:22:00
Tennessee Supreme Court
Requests Comments
on Proposed Guardian ad Litem Rule:The Court is considering the adoption of a new Rule of the Supreme Court governing the appointment of guardians ad litem for minor children in divorce and post-divorce proceedings. The Court is soliciting written comments from judges, lawyers, bar associations, members of the public, and any other interested parties, concerning the proposed new rule. Click here to see the Rule (PDF)Click here to view comments (PDF)The deadline for submitting written comments is June 30, 2008. Written comments should be addressed to:Mike Catalano, ClerkTennessee Appellate Courts100 Supreme Court Building401 7th Avenue NorthNashville, TN 37219-1407Source: Tennessee Administrative Office of the Courts
Conservatorship Scheme
2008-05-06 00:05:00
From the Walt Disney masterpiece Beauty and the Beast:Gaston intends to marry Belle but Belle rejects him. Gaston begins pouting about Belle's rejection. Lefou and some of the villagers cheer him and remind Gaston of how admired he is.During the revelry, Maurice, Belle's father, arrives at the tavern in town, frantic and begging for help to rescue Belle from the Beast. But, no one takes him seriously, and Gaston has him thrown out.When one of the villagers mentions that "crazy old Maurice, he's always good for a laugh," Gaston hatches an evil scheme, which he confides to Lefou.The scheme:Gaston summons Monsieur D'Arque, who runs the local insane asylum. Gaston explains that everyone knows Maurice is a lunatic who should be locked away, especially since his recent rantings about some Beast.
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France is Released
2008-05-08 00:21:00
Emma France
can go back to California after a Jasper County probate judge set aside orders that made the 95-year-old former Carthage resident a ward of Rita Hunter, the county public administrator.R. Lynn Myers, France's attorney, contended that orders making France a ward of the county were void because France was not allowed to appear or speak at the hearing in which the guardianship was ordered, and because her daughter or other relatives were not notified of the court proceeding in which she was put under county control.Previously, kidnapping charges were filed against Delores Forste, France's daughter, and her husband after they took France, at her request, home with them to Needles, California. Forste was arrested at her home and spent two weeks in jail in California before being bro
Probate Nightmare is Over
2008-05-09 00:36:00
"A court-sanctioned kidnapping that should leave everyone in Connecticut appalled"For the past three months, Margot Claus, a German citizen, has been detained by a court system that seems to know no boundaries.Claus is a citizen of Germany and a resident of New York City. Probate court in Connecticut has no jurisdiction over her, let alone the right to take charge of her estate, now valued at more than $1 million.You think you cannot just appropriate people from another state, remove their rights, take control of all their assets and slap them in a nursing home or hospital?In Connecticut, this is possible — unless you're lucky enough, like Claus, to have devoted family and friends and a couple of smart lawyers who won't give in."This thing is scandalous, and it is on the record"North Hav
Read more: Nightmare
Court Work Overload
2008-05-10 00:01:00
New laws that protect those who can't care for themselves from being bilked by conservators are swamping California's court system amid a lack of state funding that is forcing many courts to tap into already thin reserves to handle the increased workload.The laws took effect last July and have nearly doubled the number of conservatorships the courts have to investigate each year - including 10,000 in Los Angeles County alone.But last year the governor vetoed $17.4 million to fund the reviews amid a budget crunch, and legislators are recommending yet another delay in funding this year.The result: Los Angeles County Superior Court
is spending $30,000 a month in reserve funds on overtime and contract work to keep up with case reviews.Courts grant conservatorships if an adult is ruled incapabl
Caring For Our Seniors
2008-05-12 00:31:00
In April 2008, the United States Senate Special Committee on Aging held a hearing called "Caring
for Our Seniors
: How Can We Support Those on the Frontlines?"The hearing focused on issues related to family caregivers, workforce development and training for direct care workers and health care providers specialized in working with older adults.Statement of Committee Member:Senator Herb Kohl (D-WI),
Too Sick for Court?
2008-05-14 00:16:00
The late Brooke Astor's octogenarian son missed a Manhattan court date because of an undisclosed illness that required treatment at Columbia Presbyterian Hospital.Fred Hafetz, the lawyer for 83-year-old Anthony Marshall, 83, said doctors told Marshall to stay in his upper East Side home for the next few weeks.Marshall is charged with looting the estate of his mother who died last year.Source:Bro
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New Jersey Guardianship
2008-05-13 00:52:00
"Title 3B of the New Jersey
State Code was altered as recently as 2006 in an effort to consolidate the definition and principles of guardianship to permit a greater degree of independence for those of decreased capacity. Despite these recent revisions, the New Jersey
guardianship process is yet in dire need of further reform."Danielle Diodato, Political Science, Monmouth UniversityMore from the ar
Investigators: The Power of One: A Call For Change
2008-05-15 00:02:00
When it comes to demanding change, there is power in numbers. And a Fox 9 Investigation has inspired a number of people to demand changes in the laws that allow strangers to take control of their loved ones lives.One of those people is a conservator named Sheila Gast. After our report on Gast in February, more people wrote in urging us to continue to investigate her for the financial and emotional
Read more: Change
Time to Talk
2008-05-16 01:54:00
"Baby boomers and their aging parents often shy away from discussions about money, estate planning and health care." Denial, busy lives and reluctance to confront difficult issues keep many families from having these discussions, elder-care experts say. Parents can see their children's efforts to broach such topics as attempts to take control, while the adult children may shy away from intruding i
Granny Snatching - Another Side
2008-05-19 00:29:00
It's called "Granny Snatching" and elderly advocates say it happens often, where hospitals are named guardians of an elderly against the families wishes.This video highlights the case of Mollie Orshansky who is a victim of granny snatching and who's niece, Jane Pollack, took her back:Granny Snatching Case ProbedPollack removed Orshansky from George Washington University Hospital without advance no
Connecticut Probate Judges
2008-05-17 23:47:00
There is problem in Connecticut
....Daniel Gross, an eighty-six-year-old resident of New York, went to a Connecticut hospital for treatment of leg problems and ended up, as a result of a conservator’s appointment, a locked ward of a nursing home where he unnecessarily remained for almost ten months. During that time, Gross charges that his assets were dissipated:Connecticut ConservatorshipHow Can
Judge Bars CPS
2008-05-17 00:05:00
A San Antonio judge has blocked state Child Protective Services from removing a mother from a polygamous sect from her infant son when he turns a year old.The temporary restraining order keeps Lori Jessop and her son together. Mothers from the sect with children younger than a year have been allowed to stay with them, but older children have been taken from their mothers and placed in foster care.
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Waiting for Justice
2008-05-20 01:12:00
In 2005, I was granted temporary conservatorship of my Mother and was then able to fire the "agency" and people who, despite my efforts to protect my Mom, had exercised extensive and undue influence over her.It took over a year to get these characters removed, a year during which they generously helped themselves to her money, household and personal belongings - even her lift chair and electric sc
Read more: Waiting
, Justice
Legal Abuse Syndrome
2008-05-21 00:05:00
“Victims are created in two ways: by violence or by deceit. Either type of assault immediately renders the victim hostage to the perpetrator.”Professional Ethics Violations and Abuse of the Legal Process are a growing problem in our nation and our courts of law.Legal Abuse Syndrome
is a psycho legal trauma (a form of post traumatic stress disorder), which often develops in individuals assaulte
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